1. Main Text: Osinbajo, Y. and Fogam,
K. (1991). Nigerian Media Law. Lagos:
Gravitas Publishments.

2. Contempt of court
It is common practice in most countries of the
world to establish a court system to settle legal
disputes and maintain law and order, and such
a court system must have authority which
must not be revered and unimpeded.

3. Contempt of court
The law which guarantees the authority and
functioning of the legal system in such a way
that such authority is not flouted or impeded is
the law of contempt, which is a body of rules
established to safeguard the due
administration of justice.

4. Contempt of court
The application of this law stems from the
extraordinary powers of judges to control what
happens in and around the court premises.

5. Contempt proceedings are subject to two
principal sources of law:
1. Common Law
2. Statutes

6. Common Law Principles on Contempt
What does contempt involve?
“Contempt of court is a generic term
descriptive of conduct in relation to particular
proceedings in a court of law which tends to
undermine that system or inhibit citizens from
availing themselves of it for the settlement of
their disputes”.

7. Common Law Principles on Contempt
What does contempt involve?
“any act or publication that delays or interferes
with the administration of justice in the courts,
or that causes justice to miscarry, or that tends
to have either of these effects may, under the
law, be held to be in contempt of court and be
punished by fine or imprisonment or both”.

8. Common Law Principles on Contempt
What does contempt involve?
Perhaps the most favoured definition is :
“…any conduct that tends to bring the
authority and administration of the law into
disrespect or disregard or to interfere with or
prejudice parties litigant or their witnesses
during litigation”. (J.F. Oswald)

9. Common Law Principles on Contempt
What does contempt involve?
It is important to note that the law of contempt
is quite uncertain and inexact, though it is
frequently classified into two namely:
1. civil contempt
2. criminal contempt

10. Common Law Principles on Contempt
Civil Contempt
Civil Contempt, also known as “Contempt in
procedure” or “Constructive Contempt” is a
wrong done to a person who is entitled to the
benefit of an order or judgment

11. Common Law Principles on Contempt
Civil Contempt
The primary purpose of civil contempt is to
coerce compliance with the court order or
ruling.

12. Common Law Principles on Contempt
Civil Contempt
A good example of civil contempt is the failure
of a party to a civil suit to carry out the terms of
a verdict or decision, or the willful
disobedience of court orders or disobedience to
a subpoena.

13. Common Law Principles on Contempt
Civil Contempt
Although, civil contempt often takes place outside
the court and is essentially an infringement against
private rights, the effect is usually a delay, an
interference or an obstruction of the fair
administration of justice.
It is therefore punished as if it is criminal
contempt, with a jail sentence which ends
whenever the court order is obeyed.

14. Common Law Principles on Contempt
Criminal Contempt
Criminal contempt “consist of any acts or words
which obstruct or tend to obstruct or interfere with
the administration of justice.”
Thus any obstruction of court proceedings or court
officers, attack on court personnel, and deliberate
acts of bad faith or fraud are examples of criminal
contempt.

15. Common Law Principles on Contempt
Criminal Contempt
There are two principal forms of criminal
contempt:
* direct criminal contempt, and
* indirect criminal contempt

16. Common Law Principles on Contempt
Direct Criminal Contempt
A direct criminal contempt consists of words spoken or act done in the
precincts of the court which obstructs or interferes with the due
administration of justice or is calculated to do so.
This is also known as facie curiae.
The main factor that underlies direct contempt is the judge’s personal
knowledge of the events that occurred.
Two journalistic activities – taking pictures in court and refusal to testify
as to a news source or reveal the source of news have been known to
result in contempt.

17. Common Law Principles on Contempt
Indirect Criminal Contempt
Indirect criminal contempt also called ex facie
curiae is misconduct which occurs away from
the court precincts but which still interferes
with the proceedings of the court.

18. Common Law Principles on Contempt
Indirect Criminal Contempt
Indirect criminal contempt (or constructive
contempt) is misconduct which occurs outside
the vicinity of the court but which still
interferes with the proceedings of the court.
This may be:
[1] acts which interferes with the
administration of justice and
[2] publications which have the same effect.

19. acts which interfere with the administration
of justice
any act which prevents or is intended to
prevent such persons as judges, witnesses,
solicitors, bailiffs, etc. from carrying out his
official duties is contempt of court.

20. publication which interferes with the
administration of justice
these are:
1. publications of false and inaccurate report of
court proceedings
2. publications which discredits the court or judge
3. publications likely to prejudice the fair trial or
conduct of criminal or civil proceedings
4. publications likely to interfere with the course
of justice

21. publication which interferes with the
administration of justice
publications likely to prejudice the fair trial or
conduct of criminal or civil proceedings
regardless of the form of the publication, there are three distinct
stages in a trial in any or all of which newsmen or others may be
liable in contempt of course because of their publications
regarding a case. These are:
1. before trial
2. during trial
3. after the verdict or decision has been rendered

22. when is a case sub judice?
a case may be said to be sub judice once a writ
or charge or summons has been issued however
there may be a contempt as soon as
proceedings are imminent but not yet initiated

23. the test of liability
the test is whether in the circumstances there
was a real risk [not just a remote possibility]
that the fair trial of the action was likely to be
prejudiced